Solved

A Company Loans Money from a Bank

Question 5

Multiple Choice

A company loans money from a bank.As part of the security for the loan,the bank takes security over the company's warehouse,the value of which is sufficient to pay off the loan.Henry,a shareholder in the company,also guaranteed the loan,but he did so because he knew that the value of the warehouse was enough to pay it off.The company defaults on the loan and the bank appoints a receiver-manager who is responsible for managing the company.The receiver-manager fails to renew the insurance on the warehouse,and one evening it catches fire and is badly damaged.Assume the company's loan is for $100 000.00 and that the value of the warehouse has been reduced from $120 000.00 to $60 000.If the company now defaults on its loan and the bank sues Henry on his guarantee


A) Henry will have no liability because his guarantee is discharged by the wrongful omission of the receiver-manager.
B) Henry will have no defence and will be liable for $100 000.00.
C) the bank must first sell the warehouse before it can sue Henry.
D) Henry will rely on the bank's devaluation of the warehouse and will be liable for $40 000.00.
E) Henry will rely on the bank's devaluation of the warehouse and will be liable for $60 000.00.

Correct Answer:

verifed

Verified

Unlock this answer now
Get Access to more Verified Answers free of charge

Related Questions

Unlock this Answer For Free Now!

View this answer and more for free by performing one of the following actions

qr-code

Scan the QR code to install the App and get 2 free unlocks

upload documents

Unlock quizzes for free by uploading documents